Subdivision 1. Definitions. For the purposes of this section:
(1) "local government" means the elected governing body of a statutory or home rule charter city, county, or township; and
(2) "local government agency" means a subdivision, agency, authority, or other entity created by or whose members are appointed by the local government, including a port authority, economic development authority, housing and redevelopment authority, or other similar entity established under law.
Subd. 2. Public hearing; vote by local government governing body. (a) If the taking is for the mitigation of a blighted area, remediation of an environmentally contaminated area, reducing abandoned property, or removing a public nuisance, a public hearing must be held before a local government or local government agency commences an eminent domain proceeding under section 117.055. The local government must notify each owner of property that may be acquired in writing by certified mail of the public hearing on the proposed taking, post the public hearing information on the local government's website, if any, and publish notice of the public hearing in a newspaper of general circulation in the local government's jurisdiction. Notice must be provided at least 30 days but not more than 60 days before the hearing.
(b) Any interested person must be allowed reasonable time to present relevant testimony at the public hearing. The proceedings of the hearing must be recorded and available to the public for review and comment at reasonable times and a reasonable place. At the next regular meeting of the local government that is at least 30 days after the public hearing, the local government must vote on the question of whether to authorize the local government or local government agency to use eminent domain to acquire the property.
Subd. 3. Resolution. If the taking is for the mitigation of a blighted area, remediation of an environmentally contaminated area, reducing abandoned property, or removing a public nuisance, then the resolution of a local government or local government agency authorizing the use of eminent domain must:
(1) identify and describe the public costs and benefits that are known or expected to result from the program or project for which the property interest is proposed to be acquired; and
(2) address how the acquisition of the property interest serves one or more identified public uses or public purposes and why the acquisition of the property is needed to accomplish those public uses or public purposes.
2006 c 214 s 6
Structure Minnesota Statutes
Chapters 117 - 119 — Eminent Domain; Local Depositories And Investments
Section 117.012 — Preemption; Public Use Or Purpose.
Section 117.016 — Joint Acquisition Of Land.
Section 117.025 — Definitions.
Section 117.027 — Condemnation For Blight Mitigation And Contamination Remediation.
Section 117.031 — Attorney Fees.
Section 117.035 — Proceedings, By Whom Instituted.
Section 117.036 — Appraisal And Negotiation Requirements.
Section 117.041 — Entry For Survey Or Environmental Testing.
Section 117.0412 — Local Government Public Hearing Requirements.
Section 117.043 — Compelling Delivery Of Possession.
Section 117.045 — Compelling Acquisition In Certain Cases.
Section 117.054 — Copies Of Appraisal To Landowner.
Section 117.055 — Petition And Notice.
Section 117.065 — Notices Of Pendency And Abandonment; Required Recordings.
Section 117.075 — Hearing; Commissioners; Order For Taking.
Section 117.085 — Commissioners, Powers, Duties.
Section 117.086 — Noncontiguous Tracts, Treatment As Unit.
Section 117.087 — Prepayment Penalties; Damages.
Section 117.105 — Filing Of Report, Time, Failure To Report.
Section 117.115 — Report, Notice.
Section 117.125 — Deposit In Court.
Section 117.135 — Taxes And Assessments.
Section 117.145 — Appeal: Deadline, Notice, Service, Contents; By Other Parties.
Section 117.155 — Payments; Partial Payment Pending Appeal.
Section 117.165 — Jury Trials; Disclosure.
Section 117.175 — Trial, Burden Of Proof, Costs.
Section 117.184 — Compensation For Removal Of Legal Nonconforming Use.
Section 117.186 — Compensation For Loss Of Going Concern.
Section 117.187 — Minimum Compensation.
Section 117.188 — Limitations.
Section 117.189 — Public Service Corporation Exceptions.
Section 117.195 — Interest; Award, When Payable; Dismissal; Costs.
Section 117.205 — Final Certificate.
Section 117.21 — Easement May Include Snow Fences.
Section 117.215 — Estate Acquired.
Section 117.225 — Easement Discharge.
Section 117.226 — Right Of First Refusal.
Section 117.231 — Payment In Installments.
Section 117.232 — Direct Purchase.
Section 117.38 — Acquisition Of Land For Certain Purposes.
Section 117.39 — Proceedings Under Power Of Eminent Domain.
Section 117.40 — Municipality May Contest.
Section 117.41 — Conveyance, To Whom Made.
Section 117.47 — Permits; Licenses.
Section 117.471 — Easements Over Tax-forfeited Lands, Approval.
Section 117.48 — Crude Oil Pipeline Companies, Eminent Domain.
Section 117.51 — Cooperation With Federal Authorities; Reestablishment Costs Limit.
Section 117.52 — Uniform Relocation Assistance.
Section 117.521 — Waiver Of Relocation Benefits.
Section 117.53 — Authorization.
Section 117.54 — No Additional Damages Created.
Section 117.55 — Payments Not Considered For Public Assistance Purposes.
Section 117.56 — Inapplicability To Hazardous And Substandard Building Proceedings.